Michel Depatie hereinafter referred to as “the Artist”
This photographic project, La Traversée / Ashu‑takusseu, explores the question of the representation of the subject in photography. It involves the indigenous communities of America that the Artist has worked with for 25 years. The Innu have recently entered into public space through social networks. These photographs will be reconstructed in a mosaic with their own images.
Within the scope of his activity, namely the project Ashu‑takusseu – La Traversée, the Artist will use the photos collected for modification, printing, exhibition and promotion (hereinafter referred to as “the Work”).
In this context, the submission of the Photo by the Participant through the form available on the website http://ashu-takusseu.com/ constitutes an acceptance of the following conditions (hereinafter referred to as “the Consent”).
Therefore, it is agreed that:
ARTICLE 1 – SUBJECT OF THE CONSENT
The Participant exclusively cedes to the Artist all of the rights of reproduction, modification and distribution of their Photo.
ARTICLE 2 – SCOPE OF THE CESSION
The right of reproduction includes the right to proceed with any act of reproduction and modification, including but not limited to:
- the reproduction of the Photo in the Work on all forms of media (paper, Internet websites, notably the website http://www.ashu-takkusseu.com);
- the reproduction of the Photo on partner Internet websites;
- the reproduction of the Photo on communication media;
- the modification of the Photo by any process.
The right of distribution includes the right to proceed with any act of distribution, including the presentation of the Photo during conferences, professional training, exhibitions, performances and any other presentation that the Artist deems appropriate including in public space.
ARTICLE 3 – DURATION AND TERRITORY
The present cession is consented to take effect in any location, in all countries and languages and for a legal duration according to Canadian and foreign legislation, in present or future international agreements, including the extensions which could be made to this duration.
ARTICLE 4 – GUARANTEES GIVEN BY THE PARTICIPANT
The Participant expressly guarantees the assignee the peaceful, whole and free exercise of the assigned rights. They specifically declare that:
- the Photo is original and they hold all the related copyrights;
- the Photo does not contain anything that may fall within the scope of the laws regarding defamation, injury, offence against public decency, respect for privacy or infringement.
Assuming that the Photo was established jointly with other persons, the Participant coordinator has informed the co-owner(s) of the rights to the Photo in the clauses of the contract that they sign in their capacity as the authorized agent.
Assuming that the Participant is not the main subject of the Photo, they certify having obtained the express consent of the physical person(s) appearing in the photographs or the consent of their parents or legal guardians (for minors or adults legally incapable).
ARTICLE 5 – THE AUTHOR’S MORAL RIGHTS
5.1 Paternity of the Photo
The Participant may use the elements of the Photo in the context of their own publications.
5.2 Modifications dictated by a technical requirement
The Artist may use the Photo in part or as a whole, make graphic changes, integrate it with other graphic representations or text.
Due to technical limitations, the format on the website (http://www.ashu-takkusseu.com) or on screen may be modified, notably following a conversion of the document to another file format.
The Participant by the Consent accepts these changes of the Photo.
ARTICLE 6 – REMUNERATION
The present cession is granted for free.
ARTICLE 7 – SETTLEMENT OF DISPUTES
Any contestation relative to the validity, the application or the termination of the Consent falls to the competent courts of Quebec and Canada who will apply Canadian law.
If any provision of these terms should be declared illegal, invalid or unenforceable by any court or competent authority, the illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable this provision in any other jurisdiction and it will not affect the legality, validity or enforceability of any other provision of these terms and conditions in all jurisdictions.